nation. location overlooking the strip tonight. thanks for inviting us into your home tonight. that's it for this "special report," fair, balanced and unafraid. >> shepard: this is "the fox report." tonight, the first step on the long path to justice. the movie theater massacre suspect faces a judge and here's what's ahead relatives of the victims watched as james holmes walked into the court. and now we know the charges he will face. >> read 142 counts in court today. >> shepard: including two counts of murder for each victim. tonight, what unfolded inside the courtroom. plus, is he even sane enough to stand trial? wal-mart bomb threats. at least 11 stores affected. >> we have seen people running

in, walking out of wal-mart. >> now developments in the search for a suspect. and hiccups at the olympics from all those empty seats to an important set of stadium security keys that just disappeared. tonight, revealing the troubles at the 2012 games about. but first from fox this monday night. 116 counts of attempted murder. and 24 counts of murder in the first degree. those are among the charges prosecutors unveiled today against the man accused of opening fire at the movie theater in colorado. 12 people died in that attack in aurora earlier this month. but prosecutors hit james holmes with two dozen murder charges. one set of charges for deliberately setting out to kill people. another for something called extreme indifference to life. that basically means somebody is behaving in a way that is so depraved and irresponsible that it's likely that people will die.

and, ofou ce, they did. prosecutors also charged him with possession of exclusive device and a crime of violence which is a gun charge. 142 counts in all. when he walked in for today's hearing, holmes still had his hair dyed weird orange. his only visible reaction came when the judge asked whether he would waive his right to a preliminary hearing and witnesses report he quietly said yes. family members of some shooting victims were among those in the courtroom today, along with some who survived the attack. one woman, whose niece was wounded and grand niece killed said she had mixed feelings about the accused mass murderer. >> resentment that anybody could take away someone's life for just going to the movies. and i also felt sorry for him in the sense that here was a brilliant person that could have been a lot of good.

but what went wrong? >> shepard: it is the questions. james holmes did not enter a plea today. but given the questions about his mental health and the news that he was seeing a psychiatrist legal experts say it's likely the former neuroscience student will try some sort of insanity defense. alicia acuna live in centennial colorado with the news tonight. alyssia, prosecutors still have to decide whether they want the government to kill him for his crimes, if convicted. >> that's right, shep. and the district attorney has indicated that's her preference. but carol chambers has more than a month to decide. today chambers held back on what her office could have charged holmes with, deciding to focus more on the victims in the theater than his apartment building, which police say he rigged to explode. experts say the defense will drag this out. >> given that this is likely a death penalty case, the strategy of the defense is to keep their client alive as long as possible. every opportunity to delay and get continuances i expect we will see that pursued.

>> a conviction could also result in several life sentences. shep? >> shepard: what happens next, alyssia? >> next step, the judge holds hearings on a couple of items. this happens in august. one is the request by 20 media organizations, including fox news, to unseal case documents that relate to the night of holmes arrest. the other a defense motion to keep a notebook sent by holmes to his psychiatrist, dr. lin fenton under patient confidentiality. holmes confident area at this time is scheduled for november. >> now there is a report that he was facing eviction from his apartment? >> yes. this is according to a report that his neighbors say that this apartment building where holmes lived apparently was designated as student housing and some of the neighbors did tell the reuters news agency that if holmes did, in fact, drop out of the university of colorado as the university has told everyone, then that means he no longer would have been eligible to actually live there.

neighbors also said shortly before the shooting he was walking around asking about vacancies and acting weird. shep? >> shepard: alicia, thanks. the member of one of the women called killed in the shooting reportedly plans to sue the movie theater where the attack happened. the web site tmz is reporting the mother has hired a lawyer to go after that theater. rebekah wingo died in the attacks. wingo's mother says the theater should have had better security. this is the second report of a planned lawsuit on the heels of this attack. a man who says he saw a friend die but was not hurt himself is suing the theater plus james holmes' doctors and the film studio that made the batman movie that had been playing during that shooting. wal-mart bomb threats have spread now to the east coast just hours ago we learned that somebody called in a bomb threat to a wal-mart in new jersey. but investigators say they didn't find anything. police say eight stores in missouri, three others in kansas had received similar threats. one man said he had just arrived at a wal-mart in

missouri to do some shopping when everybody came rushing out. >> we decided to go into the wal-mart because we live just right down the street. and we pulled into the parking lot and we seen people running in, walking out of the wal-mart. mixed with employees so we didn't know what was going on. >> so far investigators say they haven't found bombs at any of these stores. cops say they have a phone number that somebody used to make one of the threats and they are trying to find a caller. a spokesman for wal-mart says the company is taking these calls seriously. governor mitt romney is in poland tonight, the last stop on his overseas tour. but the white house is responding to comments he made in israel about the nuclear standoff with iran. governor romney said the threat from iran has gotten worse since the last presidential campaign. he did not mention president obama by name. but some analysts say he seemed to suggest that the president could be taking a harder line. you decide. here's the governor and the response from the white house. >> we must not include

ourselves into thinking that containment is an option. we must lead the effort from building and possessing nuclear weapons capability. we should employ any and all measures to dissuade the regime from nuclear course. >> all options do remain on the table. that's something we have said all along. that continues to be case. what we are focused on is taking advantage of this diplomatic window that remains open to satisfy the world community. >> shepard: the white house says the diplomatic window is shrinking but insists economic punishments are taking a toll on iran. carl cammeron is our chief political correspondent he is with us in warsaw poland now. the governor is taking heat for what he said at a fundraiser this morning. >> a fundraiser that took place in jerusalem with jewish donors. tonight the romney campaign says the governor's views are being grossly mischaracterized. he told those jewish american donors that culture often

determines outcomes. he was referencing a book that has argued similar views in the past. and mr. romney said that that seemed to suggest or perhaps explain whyomy is so much stronger than the palestinians. when palestinian leaders were asked about those statements, they reacted very angrily and suggested that they were ignorant and even racist. mr. romney has said similar things about culture determining outcomes in the past regarding other countries and even mentioned the israelis and palestinians in 2010 book no apology. he argues there is nothing racist about it his campaign very much tonight aggravated by the response. and tonight the white house is suggesting when you are on the world stage, have you really got to watch what you say. a dig from the obama administration suggesting romney's ongoing foreign trip continues to have rough spots, shep. >> shepard: yep, among them the olympic dust-up in england and then this culture matter in israel, you're in poland now. anything there? >> oh, it's been a very very busy day.

he began in gadangst where he he had an opportunity to meet with the polish prime minister. it was friendly visit and expression of support for mr. romney. today the labor leader icon of the cold war era, former president of poland essentially gave what the romney campaign considers to be endorsement today. he invited romney here and said today that he wished him success, hoped that he would have success. and noted that a success for the united states leads to economic and national security success for the world. poland has got a tense relationship with russia. here in the -- it's not a member of the eurozone but here in europe when there is so many debt crises and so much economic trouble. poland is actually flourishing. romney sites it as an example of the kind of ally that the united states should stand by. yet another implicit, not explicit. he has kept to his promise not to directly criticize the obama administration, but implicit dig because the obama administration and poland's leaders have also had a tense relationship. and romney tried today to

emphasize that he would be their strong friend. shep? >> shepard: carl cammeron live in warsaw this evening. carl, thanks. they were bitter rivals just four years ago. but now there is word president obama personally requested a former president bill clinton that he take on a big role at this year's democratic convention. snyder's say the party platform may soon have a historic new plank. support of same sex marriage. we're live at the white house. plus, the olympic swim his or her set such an impressive world record, one coach is calling it disturbing. why use that word? well, tonight the swimmer responds. from the journalists of fox news this is the fox report. building pass, corporate card, verizon 4g lte phone.

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>> shepard: the president personally asked president clinton to do this, right? >> he did, shep. they are still burying the hatchet from the bad blood back in the 2008 democratic primaries. they haven't always been on the same page.

the former president veers off script sometimes which upsets the white house. this was a big move by president obama to say he needs to pull in his party elder to help make the case at the democratic convention. you have some republic strategists say looking, this is a big risk because it's going to remind people the clinton days are better than the obama days. top democrats say that's nonsense because bill clinton is somebody who very strongly makes the case for the president. take a listen. >> president clinton presided over a period of relative economic prosperity and it may remind people of what this president, president obama is not. a leader on the economy. >> i think it is a very shrewd move by the obama campaign to tee up the connection. be coming out of the republic convention. president clinton will draw a clear contrast to what the romney campaign will put out. >> you mentioned the former president will speak on wednesday night at the convention. normally that's reserved for the sitting vice president. but top democrats insist vice president biden was not

snubbed here and will have a very prominent speaking role thursday night before president obama formally accepts the nomination for a second term, shep. >> shepard: ed, we learned this afternoon that the democratic party is pushing for marriage equality as part of the campaign plank, right? >> that's right. the platform drafting committee has officially approved. this has to go through a couple more steps. bottom line is likely support of same sex marriage will be officially in the democratic platform in charlotte at the democratic national convention the first time that a major national party has done that the news really here is that it is not major news. if this had been done and drafted a year ago when president obama was against same sex marriage, obviously this would be a huge party fight. now that the president has flipped on the issue and says he supports same sex marriage, t is not going to be some huge fight on the floor in charlotte. and so it is really something -- it's interesting how quickly this issue has turned and it's sort of not that big of a deal, shep. >> shepard: ed henry live at the white house. ed, thanks very much. we have seen plenty of

problems at the olympic games, haven't we? everything from labor strikes to traffic tieups to major security snafus. and now we're learning of an incident in which somebody apparently misplaced the keys to wimbley stadium. it's one of the most famous soccer stadiums on the planet and hosting some of the matches for the olympics. scotland yard acknowledges now they are the ones that lost the keys. they say there is no security threat. they have changed the locks by the way. that's not the only new hiccup, either. organizers are also struggling to fill some empty seats at the event because it seems a lot of sponsors olympic federation members who got tickets just aren't using them. the olympic organizing committee is reclaiming some of those tickets and reselling them online. it's big news over there. staffers also apparently had 150 british soldiers stand down from security work and go watch the women's jim mass sticks qualifying room. the swiss olympic team kicked offensive message on twitter.

second athlete who has gone home for that reason in just a week. the swiss soccer player posted the message after his team lost to south korea yesterday. the tweet reportedly said that south korea's, quote, can go burn. he also used offensive slur which i won't say here. the player has since apologized but the swiss team leader said olympic rules require them that they expel him. next week, greek olympic team the previous week booted a triple jumper after she tweeted about sightings of african mosquitoes in greece. so many africans in greece at least west nile mosquitoes will eat homemade food. a chinese swimmer says it was hard work and not drugs that fueled her record-setting performance. astounding it is. the 16-year-old swimmer not only won the gold medal and set a world record on saturday. she finished her last lap almost as fast as the american champion ryan lochte. one of the best american male

swimmers. he is 6'2". she is 5'8". the head of the world swimming -- coach's association told london's guardian newspaper the performance was, quote, suspicious. but he stopped short of saying she cheated. china as you probably know has a history of doping and drug sandals at the olympics. a back in 2000 chinese officials promised to crack down after dozens were dropped before the two teams. jury trial between two tech giants over smart phones and tablets with billions of dollars on the line. as it turns out, one of the prospective jurors does not even own a cell phone at all. that's just ahead. plus, alligator bit off a man's hand. why is the man the one in trouble? that's coming up. of any small business credit card! how does this thinwork? oh, i like it! [ garth ] sven's small business earns 2% casback

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>> shepard: this one will be expensive. apple and samsung now locked in a rare multibillion-dollar court battle and a 10-member jury could soon decide whether one tech giant violated the other tech giant's patents. today the lawyers began selecting those jurors. apple accuses samsung of copying its designs for the iphone and ipad both in appearance in how the gadgets work. you can see apple's iphone 4 on the left here and the samsung galaxy s 3 on the right. apple is demanding $2.5 billion in damages. if t wins that would be the largest patent verdict ever. samsung has argued that apple's designs are not so unique. last year samsung overtook apple and nokia as the largest seller of smart phones around the world. today, attorneys started asking prospective jurors about their background. at least one person admitted i don't even own a cell phone. trace gallagher in our west

coast newsroom samsung claims apple's designs are not that unique. >> samsung claims they have been in the mobile industry for 20-must year and apple is a relative newcomer. and the only reason that apple got into the cell phone business to begin with is because they stole decades of research from samsung. apple says until the iphone debuted in 2007, there was nothing remotely like it, and many have agreed that apple and a lot of aspects did reinvent the wheel. but many would like to see this case decided not in the courtroom but in the marketplace. listen. >> what i hope is that the judicial system looks at this and says what is best for consumers. what's going to allow consumers to have the greatest variety of choice? the best choice among all the competition. so, we're not going to decide for them. we're not going to let these companies, you know, decide for them. we're going to let the consumers decide as they always do which products they

want. >> there is is also a strong possibility that this thing could settle before it gets to the jury, but a lot of legal experts believe if it's gone this far the jury will likely get this case. >> shepard: the jury will get it but then if the judge wants to, the judge can overrule the jury. >> technically yes, she can but that would be because the jury just had a total disregard of the facts. for example, if the jury sided with apple because they tend to like apple products. many also believe the judge has already sent a very big signal by issuing an injunction stopping samsung from selling smart phones and tablets in the u.s. until the trial is over. listen. >> what that tells you is this judge has said i think it's likely that apple will win. and she is siding with apple because she says on these two particular products, on this tablet, and on these two products. i think that apple will win and you should stop right now because i think you are going to be having to stop in the next month when the verdict goes against you.

>> clearly samsung would disagree with that we expect opening arguments to begin tomorrow morning. the trial should take somewhere between 4 and a weeks. help? >> trace, thanks. the new ceo at yahoo from google. all things digital is reporting the ceo has announced that from now on food in yahoo's silicone valley cafeteria will be free. just like the food at google. and the site reports she also plans to change yahoo's work place to make it more collaborative and cool. that could strengthen her hand when it comes to luring new employees to yahoo instead of google or 00 facebook. some of google's reported perks have included laundry service, on-site massages and free haircuts. farmers reeling from the summer's record drought are asking our government to ease up on a major green energy program. and it could have a big impact on all of our wallets. plus, look at this.

[chanting] >> what do you want? >> justice. when do we want it? now. >> >> shepard: protesters -- thousands of protesters, no, but a group against two police shootings and they have stretched on for more than a week now. just a few blocks away from disney land. and a different theme park had trouble of its own when a roller coaster got stuck trapping riders for hours in the scorching sun. besides, well, sunscreen. they got some help as we approach the bottom of the hour and the top of the news from fox report. pls dessert! all just $14.99. come into red lobster and sea food differentl visit redlobster.com now for an exclusive $10 coupon. good through august 5th but they haven't experienced extra strength bayer advanced aspirin. in fact, in a recent survey, 95% of people who tried it agreed that it relieved their headache fast. visit fastreliefchallenge.com today for a special trial offer.

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reportedly life threatening. it's been a rough week or couple of weeks for a florida boat captain. first an alligator bit off his hand, now he is facing charges for t. no, the man. tourists on board his air boat at the time said the captain was trying to entice the gator with fish when, instead, the gator took a a liking to his left hand. officials have charged the man with unlawful feeding. the captain could face up to $500 in fines and possible jail time since feeding alligators is against the law in the state of florida. experts say feeding the animals make them lose their fear of humans. this happened near everglade city. a dozen people got stuck 150 feet above ground when a roller coaster stalled at its highest point. happened yesterday at six flags north of san francisco. crews brought in second crane along with water and sun block. after the first crane couldn't reach the passengers. about two hours later park workers got the coaster

working and brought everybody down safely. park officials closed that ride for safety inspection. i'm shepard smith. this is the fox report. it's the bottom of the hour. time for the top of the news. u.s. farmers are taking new steps to try to survive this year's drought. and that could effect how much we all pay at the grocery store. and at this gas station. some key farming groups report that for the first time they are asking the feds to relax a requirement for the amount of ethanol in our gasoline. they say it could help lower corn prices but ethanol producers disagree. now, keep in mind a lot of our corn supply goes towards making ethanol. roughly 345% according to the agriculture department. environmentalists have pushed ethanol as cleaner alternative for fossil fuels like oil and natural gas. of course, you will find corn in everything from cereals and snack foods to the sweetners in our soft drinks. but the drought has left farmers with fewer drops to go

around. d today the price of corn hit a record high on the chicago merck. gerri willis fox business network with us. many of the farmers are saying they just can't afford corn to feed their livestock. >> corn goes into the produce that all these cattle, the pigs, the chickens heat. middle of join. huge increase there. of course bought because of the drought. what we are seeing is because of the livestock. people livestock say they can save a billion they took it out of ethanol. >> what else are we hearing from ethanol producers. >> they are not buying this argument at all. they don't like it. here is what he told our jeff flock. >> it would marginally reduce grain prices, yes. but what you would see on the other side is increase in fuel prices. i don't think, you know, consumers are necessarily fond of the idea of paying more for their gasoline at this time. >> so they say that ethanol prices at 260 right now and taking out of gas would raise the price of gas for

consumers. they are here to say we don't like this. >> shepard: the price of the corn i want to eat on saturday nights is going up. >> t is going up. so is the price of beef, chicken, ham, you name it. it will continue rising. we have seen beef up 8% this year. chicken up 7. ham up 6. you will see more of that particularly little later in the season. >> gerri, thank you. you know, iowa produces more corn than anybody else. and/or any other states. and federal forecasters warn that iowa is on track for its fifth dryest july on records dating back more than a sen at this. are folks in the midwest getting any rain at all this week. >> i wish i had better news, shepard. we could get half an inch to an inch of rain next five days for areas that really need it. look at the drought. it continues for much of the country. the central u.s. farmers dealing with these exceptional drought conditions and as you can see on the satellite radar

we are not much across the central plains and then we are getting a little bit across the southeast that we are dealing with drought there take a look at precipitation over the next five days. as mentioned half an inch to an inch is not going to do anyone any good unfortunately. >> especially given it's late july and duh it's hot. >> it's hot but really hot. we're breaking records in late july. you know this is exceptional. here are some of the records we broke on sunday. 111 degrees in wichita kansas. winfield, kansas, joplin, missouri. 109. springfield tied a record of 106. that continues for much of the workweek as high pressure dominates this region. feels like 109 in memphis. 107 in little rock. unfortunately it continued into tomorrow, shep. >> shepard: yuck. and a tornado for the history books i'm told. >> awesome picture, shepard. this out of colorado as mentioned this is mountaintop tornado. here it is touching down in colorado high country over the

weekend this is high altitude twister. it hit 60 miles northwest of denver. 11,900 feet in elevation makes it the second highest tornado ever recorded these are pictures out of free hold, new jersey out of state of new jersey severe storms hitting this sneaked. utility poles snapped like toothpicks. more severe weather across the upper midwest and across the the -- mid-atlantic,. >> we have been dealing with hundreds of thousands of people without power in this time. imagine. this 370 million people in the dark more than the populations of the united states and canada combined. happened in india cranked up air conditioners among other things and crashed the power

grid. trains at a stand still. shear what commuters saw indefinite late. businesses forced to shut down. businesses and hospitals making due with backup generators. sweating out the heat in eight northern states in india. some cases without water. india's demand for energy has soared along with population. which is now at more than a billion people. we're told it took about 15 hours for everything to get back up and running. but, get this. 40% of the hundreds of millions of people in india do not have electricity at all. there are not enough power plants to get it there. hundreds of protesters rallied against an mime, california tenth straight day of sometimes violent demonstrations. [chanting] >> they are denouncing two deadly police shootings earlier this month. one of them an unarmed one who was shot cops went there today there is word the family wants

independent autopsy to determine where those bullets hit him. demonstrators have accused officers of racism against hispanics. today's protest was mostly peaceful. cops said they did arrest nine people in a similar rally yesterday. crowd of hundreds smashed windows. police plan discussions with community leaders in an attempt to calm the tensions. the united states wasted hundreds of millions of dollars on a program to train the police in iraq. and the iraqis said they didn't even want it. never wanted it from the very beginning. that's according to a new report. the details coming. plus the united states postal service is set to make history, defaulting on payments to the tune of billions of dollars. foreclosure, rain, sleet, snow. i don't know. ent's scent? you better believe it. sparkle up your world by sprinkling the stimulating gain fireworks scent booster into your wash along with one of these fine gain detergents. will it do the trick?

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for both parties. >> this is a goal that was shared by republicans and democrats. so, there is no doubt that congressional failure to take action on this will have very serious consequences. >> shepard: together to prevent those consequences. speaking of money problems, $200 million the united states spent training iraqi police was a huge waste. nothing but. >> the program was supposed to train security forces after u.s. troops left the country. even though iraqi officials said we don't want or need your training despite years of effort and so much money. the iraqi police are to this day vulnerable to the militants. bashar assad's troops have attack ad rebel strong hold in a big way.

according to british officials, serious top democrat in the united kingdom no longer wanted to represent a government representing its own people. syrian state television reports the army has purged as it puts it, purged rebel fighters from a section of aleppo syria's second largest city, purged in other words murdered. opposition fighters say syrian troops have not pushed them back one bit. captured a small syrian base outside the city. we can't confirm either of those. according to the united nations 200,000 people have left aleppo amid the heavy fighting there officials in nearby turkey and greece are sending more troops to their borders with syria to prepare for a potential surge in syrian refugees. the chief fox report correspondent jonathan hunt is live at the united nations today. jonathan, the defense secretary leon panetta is in that region. he seemed very confident that bashar assad's regime will fall. >> yes, shep. he made those comments during a stop in to your knowledge which was, of tunisia, the

birthplace of the so-called arab spring. secretary of defense panetta saying that president assad's continuing massacring of his own civilians will ultimately result in his own downfall. here is the defense secretary. >> this is a tragic moment which happening in aleppo indicates the bankruptcy of assad and rah sad regime in dealing with this issue. ultimately, there is no question in my mind that the issue is not whether assad will step down but when and when that will happen. >> secretary of defense yesterday described the ongoing massacre as another nail in the coffin of president assad as he put it but the reality is, shep, that right now president assad seems to intent on hammering the nails in the coffins of many more syrian civilians before the final nail is hammered in his own, shep.

>> shepard: after all these months, jonathan, why is it the assessment that this battle in aleppo could be a big and defining moment? ,. >> simply because the rebels have clearly decided that they need to make a major stand in aleppo. aleppo is by population syria's largest city. it is also a major commercial hub. it's near the turkish border in the north of syria. and, therefore, one of the rebel strongholds. so, president assad cannot face letting it go. the rebels are making their stand. it is clearly already a bloody it is according to all the experts going to get bloodier but despite some successes by the rebels, experts like michael o'hanlon of brookings say this does not mean assad's end is any nearer right now. listen to michael o'hanlon. >> it doesn't have to culminate in insurgent victory any time soon. yes, assad's coffers are getting starved of money. he doesn't have that much

cash. he still apparently has some. he could get more from friends like iran. so i would not discount the possibility that he can still hold on to a large fraction of that army for quite a while. i don't think the war necessarily has to even end this year or even necessarily next year. >> as for the defection of that embassy official in london today, michael o'hanlon points out that we should not give undue significance to such diplomatic moves. syria has as most countries do something in the region of a thousand top diplomats around the world less than 1% of those, shep, have so far defected. shep? >> shepard: jonathan hunt at the united nations tonight. well, an incredible fire. a passenger train up in flames and 30 people are dead. that tops our news around the world in 80 "around the world in 80 seconds." >> india. police say the flames broke out early this morning in a southern province while most people on board were asleep.

we're told the fire started in one of the first three in a passenger car. local media report electrical problem caused it officials say many bodies were charred beyond recognition. dozens more people hurt. philippines. torrential rains battered the capital city of manila forcing many citizens to evacuate. morehan 2,000 people rushed to shelters nationwide. strong winds and waves ripped two barges from their anchors and sent them crashes into homes. china, firefighters used shovels and their bare hands to rescue six people? from a home in the southern province after a landslide leveled it crews say heavy machinery might have made things worse. rescuers dug out a small tunnel to pull the four adults and two kids safely from the debris. everybody is okay. thousands of folks help kick off the annual carnival of flowers in the capital city prawns.

for port-au-prince. holding most activities outside city center. 20,000 people earthquake displaced. celebration also boost morale and provide jobs. and that's a wrap on this fox trip around the world in 80 "around the world in 80 seconds." >> tonight, remembering a pop singer legend tony martin has died movie musicals to television. martin's baritone carried him through a career spanning 80 years. tony martin grew up in poverty. found his escape in music. got his big break in the 1930s on the radio and went on to appear in dozens of films. we're told tony martin died of natural causes on friday night at his home in los angeles. he was 98 years old. ♪ hold me close. ♪ hold me fast.

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>> shepard: a top republic congressman says president obama could be doing more to stop the leaks of national security secrets. the house intelligence committee chairman is telling fox news the administration is also not doing enough to cooperate with investigators. the president has said it is offensive and wrong to suggest his white house is purposefully leaking classified information two u.s. attorneys are investigating media reports about u.s. cyber attacks on iran. and al qaeda's latest botched underwear bomb plot. catherine herridge live in washington. the congressman told you the leaks are continuing, right? >> that's right, shep. without providing the specifics the head of the house intelligence committee telling fox the leaks suggesting mr. obama hasn't laid down the law with his

staff. >> we have seen more leaks. absolutely. and part of that is, again, this is an opportunity for the president to be bold, to take a stand, to step up and say that my administration will cooperate fully. and that my staff, my staff should not and will not participate in a coordinated or uncoordinated leaking of classified information for any reason. >> affidavitting to the comments of the head of the senate intelligence committee democrat dianne feinstein last week human intelligence assets had been compromised. congressman rogers says far reaching. decided not to work with the united states and operations have been shut down, shep. >> shepard: from the white house on this, catherine? >> we reached out to two different people at the white house and still waiting for a response on the claims by congressman rogers. chief white house correspondent ed henry recently pushed the administration to explain why david axelrod top political strategist said the president didn't leak anything and then followed up by saying the president did not authorize the leaks.

>> that's different, you know, that leaves open the door that there were unauthorized leaks by white house people. so have you moved the goal post? >> no, ed, i think you are conflating a lot of things. all those statements are completely true. i stand by what i said and what mr. axelrod and the president has said. what i can tell you is that there are investigations ongoing and i'm not going to comment on the specifics of the investigation. >> and we asked when the white house will respond to a request by the republic chair of the house judiciary committee lamar smith to interview seven current and former administration officials. that letter was sent nearly three weeks ago, shep. >> shepard: catherine herridge in d.c. thanks. the united states postal service reports it does not have the money to cover two multibillion-dollar payments, according to the post office, it could default for the first time on payments to the u.s. treasury for retiree's health benefits. the payments combined worth more than $10 billion. the default will not effect day-to-day mail service they tell us. but it adds to the growing

concerns over the agency's long term viability. for-profit colleges serve their shareholders over their students. that's according to a new report from democratic lawmakers. the study covered operations at dozens of for-profit higher education companies including did he via devry and kaplan. for profit colleges charge exor buy tent tuition. inferior education and sky high drop out rates. the report twists the facts. well, nasa scientists now say they have made a new discovery on the moon. up next, what they say happened to those american flags that our astronauts left behind decades ago. i'm freaking out man. why? i thought jill was your soul mate. no, no it's her dad. the general's your soul mate? dude what? no, no, no. he's, he's on my back about providing for his little girl. hey don't worry. e-trade's got a killer investing dashboard.

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. >> shepard: temperature cover up that tattoo and take out that eyebrow ring. strict classroom dress codes are not just for students. more and more school districts are warning the teachers to watch what they wear. a district in phoenix now has a policy that supporters say will promote modesty and professionalism t bans facial piercing and distracting tattoos and shoulder straps on tank tops that are less than 2 inches wide. we are seeing similar policies across the country. one school in new york city has banned jeans completely. american flags are still flying on the moon. except for one. the very first american flag that our astronauts planted

back in 1969. that's from nasa officials who say these new photos prove old glory is still standing. they say the spec you see there is actually the flag's shadow. astronauts from each of the six apollo moon missions left a flag. nasa scientists say they found five. of course the moon doesn't have any wind to knock them down. scientists say there was no sign of the very first flag the astronauts planted. according to nasa, the astronaut buzz al doctrine says he thinks it blew over upon relaunch. before we go our team's top five things of the day peter jackson says is he planning to make the hobbit into trilogy instead of the original plan two part series. the first installment hits theaters in december. tech giants apple and samsung. number three the rapper pit bull bear spray during trip alaska. there with marketing deal with

the wal-mart. number two fox news confirms the democratic party will include support for marriage equality in its official platform if he at the summer convention. number one, prosecutors charged former graduate students james holmes with 24 counts of murder in the first degree. in connection with the massacre at the movie theater in colorado. and that's "the fox report's" top five. and on this day in 1976, bruce jenner seat decath loan world record and won the gold at the olympics in montreal. the new york born track star had finished 10th at the 72 games in moon munich. for the next four years bruce jenner says he trained for 8 hours a day in his push to get the gold. a battle with dyslexia taught him hard work was the key to getting ahead in life that hard work paid off when he took the top spot in montreal. he later took the front of the wheaty's box and male athlete of the year. nowadays is he keeping up with the kda